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N. L. R. B. v. COTT CORP.

No. 77-1502.

578 F.2d 892 (1978)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. COTT CORPORATION, Respondent.

United States Court of Appeals, First Circuit.

Decided July 13, 1978.

Attorney(s) appearing for the Case

John D. Burgoyne, Asst. Gen. Counsel, Washington, D. C., with whom John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, and Elliott Moore, Deputy Ass'n Gen. Counsel, Washington, D. C., were on brief, for petitioner.

Arthur G. Telegen, Boston, Mass., with whom David B. Ellis and Foley, Hoag & Eliot of Boston, Mass., were on brief, for respondent.

Before COFFIN, Chief Judge, and CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

On May 4, 1973, the National Labor Relations Board found Ponn Distributing Co. guilty of unfair labor practices and ordered that Ponn remedy its violations by, inter alia, recognizing the Retail, Wholesale and Department Store Union, AFL-CIO, (the "Union") as bargaining agent for Ponn's drivers and salesmen. On November 15, 1973, this court entered a decree enforcing the order against Ponn. Four days earlier, however, respondent...

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